Appellate

  • June 18, 2026

    Justices Allow Gun Rights For Marijuana User

    U.S. Supreme Court justices ruled Thursday that the federal government cannot bar a drug user from owning guns, saying that the prosecution of a Texas man accused of owning a gun while being a marijuana user was inconsistent with the Second Amendment right to bear arms.

  • June 18, 2026

    High Court Carves Out Exception For Criminal Appeal Waivers

    The U.S. Supreme Court ruled 8-1 Thursday that criminal defendants who agree in plea deals not to appeal their sentences can still appeal if the sentence would result in a "miscarriage of justice."

  • June 17, 2026

    Eli Lilly Urges Full Fed. Circ. To Scrap Teva's $177M IP Win

    Eli Lilly & Co. urged the full Federal Circuit Wednesday to review a panel ruling that upheld Teva's $177 million jury verdict on headache drug patents, arguing that the panel's decision runs afoul of the justices' Amgen holding and "opens a truck-sized hole in enablement and written description law."

  • June 17, 2026

    Hikma Ruling Raises Patent Pleading Bar Beyond Drug Cases

    The U.S. Supreme Court's decision this month that shut down a patent suit against Hikma Pharmaceuticals USA over a drug using a so-called skinny label could also make it more challenging to plead induced infringement in cases involving other technologies, attorneys say.

  • June 17, 2026

    Tribe Can Take Cannabis Raid Loss To 9th Circ. After Judgment

    A California federal court has cleared the way for the Round Valley Indian Tribes and three tribal members to immediately appeal to the Ninth Circuit the dismissal of their claims that two counties' cannabis enforcement raids on their reservation violated federal law.

  • June 17, 2026

    Ga. Justices Take Up Fight Over Fulton Board Seats

    The Georgia Supreme Court will hear an appeal of a ruling that Fulton County, Georgia's commission did not have to appoint two Republicans to the county's five-member elections board.

  • June 17, 2026

    Fla. Panel Backs Prison Time For Luxury Car Theft Kid

    A man found guilty of stealing luxury cars worth millions as a juvenile cannot have his 15-year prison sentence revoked, a Florida appeals court said Wednesday, finding that his youthful offender community control status was correctly rescinded after he failed to complete boot camp and committed a new crime.

  • June 17, 2026

    ITC, Masimo Tell Full Fed. Circ. To Skip Apple Watch Review

    Masimo Corp. and the U.S. International Trade Commission have pushed back on Apple's request for full Federal Circuit rehearing of a panel decision finding an older version of the Apple Watch infringes Masimo's patents, saying Wednesday the case isn't exceptional enough for such scrutiny.

  • June 17, 2026

    Amazon Urges Fed. Circ. To Halt Patent Suit In Texas

    Amazon has asked the Federal Circuit to force a Texas federal court to pause a suit accusing it of infringing a pair of Headwater Research LLC patents while a similar suit against Google plays out.

  • June 17, 2026

    Hearings Deemed Unnecessary In Some 3rd Country Removals

    The Board of Immigration Appeals said Wednesday that an immigration judge erred in determining that an evidentiary hearing was necessary before deciding whether a Cuban national should be deported to Ecuador under that country's asylum cooperative agreement with the U.S.

  • June 17, 2026

    Fla. Panel Upholds Class Cert. In Apartment Fire Suit

    A Florida appellate panel Wednesday upheld a lower court's class certification for several individuals suing a condominium association over being displaced by a Miami apartment fire, finding objective criteria were used to define the group of people seeking recovery for relocation costs and loss of personal items. 

  • June 17, 2026

    4th Circ. Won't Revive Journalists' Social Media Bias Suits

    The Fourth Circuit refused Wednesday to reopen lawsuits alleging two journalists were fired by a U.S.-funded Middle Eastern media network because they're Iraqi, concluding they couldn't overcome the organization's explanation that the employees violated its social media policy requiring neutrality.

  • June 17, 2026

    6th Circ. OKs 30-Month Medical Fraudster Kickback Sentence

    The Sixth Circuit has ruled in a published opinion that a 30-month prison sentence was correctly calculated for a Tennessee man who was convicted of violating federal anti-kickback laws with his fraudulent door-to-door medical marketing firm.

  • June 17, 2026

    Fed. Circ. Affirms No Block On Stryker Spine Device In IP Fight

    The Federal Circuit on Wednesday agreed with a lower court decision rejecting Boston Scientific Corp.'s request to temporarily block Stryker Corp. from launching a back pain device, saying Stryker made a good enough case that it didn't cause physicians to infringe a patent on the treatment.

  • June 17, 2026

    Venezuela Wins Bid To Delay Hearing In Citgo Sale Case

    The Third Circuit has agreed to a two-month postponement of oral arguments in Venezuela's challenge of a Delaware judge's order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of the country's debt, days after Caracas announced that it was switching counsel.

  • June 17, 2026

    Colo. Says It's Clear: EPA Rebuffed Haze Plan To Prop Up Coal

    Colorado on Tuesday urged the Tenth Circuit to vacate the U.S. Environmental Protection Agency's rejection of the state's plan to limit regional haze, calling the agency's argument that closing a coal-fired power plant might be unconstitutional under the Fifth Amendment a "pretext for propping up" the industry.

  • June 17, 2026

    Luxottica, Ex-Worker End Pension Suit Over Annuity Benefits

    Luxottica and a former worker who challenged the company's methodology for paying annuity benefits agreed Wednesday to resolve a proposed class action, a month after the nation's highest court declined the eyewear-maker's bid to review a Second Circuit ruling keeping some of her claims out of arbitration.

  • June 17, 2026

    Employer Didn't Control Benefits In Death Case, 3rd Circ. Says

    A Third Circuit panel on Wednesday upheld the dismissal of a man's lawsuit alleging his late wife's employer improperly denied life insurance benefits, finding the employer had no control over whether benefits were paid out.

  • June 17, 2026

    Ga. High Court Allows Rape Evidence In Separate Murder Trial

    The Georgia Supreme Court has ruled that prosecutors can bring in evidence of rape and aggravated sexual battery as part of a man's parallel malice murder case in the killing of an Atlanta woman.

  • June 17, 2026

    NC Clinic, School District Must Face COVID Vax Challenge

    A North Carolina state appeals panel issued its second opinion in a lawsuit from the mother of a teenager who alleged he was vaccinated for COVID against his will, finding Wednesday that she adequately put forward constitutional claims and can pursue allegations against a school district and medical society clinic in trial court.

  • June 17, 2026

    Mich. Court Says Rental Cap Affects Senior Care Home Value

    The Michigan tax tribunal wrongly ruled that a senior care facility's low-income units shouldn't be considered when assessing the property, a state appeals court panel said, remanding the case back to determine its valuation considering the rental restrictions.

  • June 17, 2026

    Sanctioned IP Atty Tells Fed. Circ. 'Integrity' On The Line

    An attorney who was sanctioned in a trade dress infringement case due to what a judge said were his repeated misrepresentations has asked the Federal Circuit to lift the penalties against him and his client, saying his "professional and personal integrity, and my family, depends on it."

  • June 17, 2026

    Panel Says No Ban On Concealed Guns For Those Under 21

    A Florida appellate panel on Wednesday ruled against a state law prohibiting 18- to 20-year-olds from carrying concealed firearms, saying the ban is unconstitutional. 

  • June 17, 2026

    Pa. Land Trust's Exemption Must Be Revisited, Court Rules

    A Pennsylvania trial court must reconsider the charitable use of land owned by a trust under an analysis provided by the appellate Commonwealth Court and reevaluate whether the land is eligible for a charitable tax exemption, the appellate court ruled Wednesday.

  • June 17, 2026

    Trade Desk, Investor Spar Over Emails In Nevada Move Appeal

    A stockholder and The Trade Desk Inc. urged the Delaware Supreme Court on Wednesday to reach opposite conclusions about whether the advertising technology company must turn over director emails and other informal communications tied to its move from Delaware to Nevada.

Expert Analysis

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

    Author Photo

    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

    Author Photo

    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

    Author Photo

    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

    Author Photo

    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

    Author Photo

    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

    Author Photo

    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

    Author Photo

    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

    Author Photo

    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

    Author Photo

    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

    Author Photo

    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

    Author Photo

    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

    Author Photo

    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

    Author Photo

    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

    Author Photo

    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

    Author Photo

    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.